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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (the fraud against the victim’s Z or AG) did not have the intent and ability to complete the construction work at the time of receiving the construction cost from the victim’s Z or AG, and thus there was no criminal intent to acquire the construction cost. (2) The lower court’s sentence of unfair sentencing (one year of imprisonment) is too unreasonable.
B. The above sentence of the lower court is too unhued and unfair.
2. Determination
A. The intent of the crime of defraudation, which is a subjective constituent element of the Defendant’s assertion of mistake of facts, is to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant confessions. The criminal intent is sufficient not to have a conclusive intention but to have dolusent intent.
(2) The Defendant stated in the prosecutorial investigation that “the victim Z, increase in personal debt due to excessive business expansion, and delay in the payment of goods to customers, etc., are hard to complete construction works even if they receive money from the victims immediately before the end of the payment due to the situation,” and the Defendant recognized the intention of defraudation as to fraud under the construction contract with the victim AM which was concluded with the victim around May 2014, when the contract was concluded with the victim AG, and the Defendant concluded with the victim Z, and the construction contract concluded with the AG is an “old house” which is concluded with the victim Z, the construction contract with the victim Z, and the construction cost is divided into a new apartment for the purpose of promoting the construction contract as the object of the purchase of new apartment, and the construction cost is assessed against the household.